[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6326 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6326

 To amend title 49, United States Code, to provide waivers and appeals 
                        to certain individuals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2010

   Mr. Dent introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to provide waivers and appeals 
                        to certain individuals.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair and Impartial Recruitment Act 
of 2010''.

SEC. 2. WAIVER AND APPEALS PROCESS FOR DISQUALIFIED INDIVIDUALS.

    Section 44936 of title 49, United States Code, is amended--
            (1) in subsection (a)(2) by striking ``the Under Secretary 
        requires is conducted'' and inserting the following ``the 
        Assistant Secretary requires is conducted and upon the 
        Assistant Secretary's request, a copy of the investigation 
        report is provided to the Assistant Secretary.'';
            (2) by redesignating subsections (d) and (e) as subsection 
        (e) and (f), respectively; and
            (3) by inserting after subsection (c) the following:
    ``(d) Waiver and Appeals Process Established.--
            ``(1) Waiver process.--
                    ``(A) In general.--Not later than one year after 
                the date of enactment of the Fair and Impartial 
                Recruitment Act of 2010, the Assistant Secretary shall 
                issue regulations to establish a waiver process to 
                allow an employer to hire an individual disqualified 
                for employment under subsection (b)(1)(B).
                    ``(B) Waiver application.--To request such a waiver 
                an individual shall apply to the Assistant Secretary 
                who shall issue a waiver to an individual--
                            ``(i) after the Assistant Secretary 
                        considers the circumstances of any 
                        disqualifying act or offense, any restitution 
                        made by the individual, Federal and State 
                        mitigation remedies, and other factors that 
                        lead the Assistant Secretary to conclude that 
                        the individual does not pose a terrorism risk 
                        warranting denial of employment; and
                            ``(ii) without regard to whether that 
                        individual would otherwise be disqualified 
                        under subsection (b)(1)(B) if the individual's 
                        employer establishes alternate security 
                        arrangements acceptable to the Assistant 
                        Secretary.
            ``(2) Appeals process.--Not later than one year after the 
        date of enactment of the Fair and Impartial Recruitment Act of 
        2010, the Assistant Secretary shall establish an appeals 
        process for an individual disqualified for employment under 
        subsection (b)(1)(B) that includes notice and an opportunity 
        for a hearing before an impartial third party.
            ``(3) Savings clause.--An airport operator shall not be 
        required to issue an airport credential providing unescorted 
        access to a secured identification display area to any 
        individual based solely on the waiver or appeal process 
        established pursuant to this subsection.
            ``(4) Limitation on liability.--No cause of action, suit, 
        action, or other proceeding may arise from any denial of a 
        request of a waiver, or from a subsequent disqualification for 
        employment pursuant to subsection (b)(1)(B) if the cause of 
        action, suit, action or proceeding is based solely on the fact 
        that the applicant was granted a waiver or appeal under this 
        subsection.''.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

    Section 44936 of title 49, United States Code, is amended--
            (1) by striking ``Under Secretary of Transportation for 
        Security'' the first place it appears and inserting ``Assistant 
        Secretary (Transportation Security Administration)'';
            (2) except as provided in paragraph (1), by striking 
        ``Under Secretary of Transportation for Security'' and ``Under 
        Secretary'' each place they appear and inserting ``Assistant 
        Secretary''; and
            (3) in subsection (c)(1) by striking ``Under Secretary's 
        designee'' and inserting ``Assistant Secretary's designee''.
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